161-168 of 168 results
The best interests duties - process or outcome?
Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...
Babcock & Brown - a market disclosure claim decided
The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...
Decision confirms limits on general meeting shareholder activism
A recent Federal Court of Australia decision has reaffirmed that a companys board of directors has the primary role in managing a company and that there are limits on shareholders legal ability to control that management Partner and Co-Leader of Allens Head Office Governance team Greg Bosmans and ...
Being 'professional' under D&O insurance policies
In a recent decision the Full Federal Court has clarified the scope of a professional services exclusion in a Directors Officers insurance policy Partner Andrew Maher and Senior Associate Andrew Lazzaro report on a case that gives some guidance on the relationship between professional indemnity and ...
Sanctions: The 5 questions your board and executives should be asking in 2017
Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...
A step closer to industry funding of ASIC
Last week the Federal Government moved another step closer to implementing an industry funding model for the recovery of ASICs costs by introducing the ASIC Supervisory Cost Recovery Levy Bill 2017 as well as two related Bills into Parliament These Bills implement the recommendations of the ...
Raising capital, raising standards: managing conflicts of interest in sell-side research and corporate advisory
ASIC continues its mission to enhance the regulation of Australias equity markets with its recent publication of Consultation Paper 290 on managing conflicts of interest when dealing with sell-side research and corporate advisory The proposed amendments will primarily target investment banks and ...
Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...